Kentucky HB 104: AN ACT relating to pretrial release.

Bill Text

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AN ACT relating to pretrial release. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 431.066 is amended to read as follows: 3 
(1) For purposes of this section and Section 2 of this Act:[,]  4 
(a) "Enhanced scrutiny offense" means a violation of KRS 189A.010(5)(c) and 5 
(d),  209.990(2),  (3),  and  (4),  218A.1432,  507A.040,  507A.050,  508.020, 6 
508.025, 508.030 excluding minor injury or no visible injury, 508.040(2)(a) 7 
and  (b),  508.050,  508.060,  508.075,  508.078,  508.100,  508.110,  508.120, 8 
508.140,  508.150,  509.020,  509.040,  510.120,  510.130,  511.020,  513.030, 9 
513.040, 515.020, 515.030, 515.040, 518.090, 525.020, 527.205, 529.100, or 10 
529.110; 11 
(b) "Money  bail"  means  any  financial  condition  of  release,  including  cash, 12 
property, a percentage of cash bail, secured, unsecured, or otherwise; 13 
(c) "Standard conditions" means: 14 
1. The defendant shall not commit a local, state, or federal offense;  15 
2. The defendant shall appear for all required court appearances; and 16 
3. The defendant shall avoid all contact with any alleged victim and any 17 
potential  witness  who  may  testify  concerning the  charge,  unless  or 18 
until the court removes this condition; 19 
(d) "Verified  and  eligible  defendant"  means  a  defendant  who  pretrial  services  is 20 
able  to  interview  and  assess,  and  whose  identity  pretrial  services  is  able  to 21 
confirm through investigation; and 22 
(e) "Violent   or   sexual   offense"   means   an   offense   that   would   qualify   a 23 
defendant  if  convicted  as  a  violent  offender  under  KRS  439.3401  or  an 24 
offense under KRS Chapter 510, KRS 529.100 involving commercial sexual 25 
activity, or KRS 530.020, 530.064(1)(a), 531.310, or 531.320. 26 
(2) (a) A verified and eligible defendant shall not be detained on money bail, except 27 

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as provided in paragraph (b) of this subsection. 1 
(b) A  high-risk  defendant  who  has  not  been  charged  with  a  violent  or  sexual 2 
offense,  and  who  meets  the  money  bail  requirements  of  subsection  (3)  of 3 
Section 2 of this Act, may be detained on money bail. 4 
(3) (a) Pretrial  services  shall  use  a  validated  pretrial  risk  assessment  tool  to 5 
determine   whether   a   verified   and   eligible   defendant   presents   a   low, 6 
moderate, or  high  risk  of  failing  to  appear  for  required  court  appearances 7 
or   committing   a   criminal   offense   while   on   pretrial   release   pending 8 
adjudication.  9 
(b) The validated pretrial risk assessment tool shall weigh a defendant's risk of 10 
failing[When  a  court  considers  pretrial  release  and  bail  for  an  arrested 11 
defendant,  the  court  shall  consider  whether  the  defendant  constitutes  a  flight 12 
risk, is unlikely] to appear for required court appearances[trial], or being[or 13 
is likely to be] a danger to the public if released, by considering factors that 14 
may  include  but  are  not  limited  to  prior  failure  to  appear  for  scheduled 15 
court  appearances,  prior  criminal  history,  types  of  offenses,  and  any  other 16 
factors determined appropriate or necessary by pretrial services[. In making 17 
this  determination,  the  court  shall  consider  the  pretrial  risk  assessment  for  a 18 
verified  and  eligible  defendant  along  with  the  factors  set  forth  in  KRS 19 
431.525]. 20 
(c) The  validated  pretrial  risk  assessment  tool  shall  be  regularly  validated  and 21 
adjusted  to ensure  that  it  is  predictive  of  pretrial  outcomes  and  accurately 22 
predicts  risk  across  all  racial  groups,  ethnic  groups,  and  genders.  The  tool 23 
shall be adjusted to ensure accuracy and to minimize disparate results. 24 
(4)[(3)] (a) If a verified and eligible defendant: 25 
1. Poses  a  low  or  moderate  risk  as  determined  under  subsection  (3)  of 26 
this section;  27 

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2. Has been charged with a violation, misdemeanor, or Class D felony;  1 
3. Has not been charged with a violent or sexual offense; 2 
4. Has not been charged with an enhanced scrutiny offense; and 3 
5. Has not been charged with a violation of KRS 17.510, 17.545, 17.546, 4 
17.549, 119.255, 189A.010(5)(b) to (d), 209.990, 235.240 for a second 5 
or  subsequent  offense,  403.763,  456.120,  456.180,  507.050,  508.030 6 
with  minor  or  no visible  injury,  508.070,  508.080,  508.120,  508.155, 7 
509.030,   509.080,   511.085,   514.080,   520.090,   524.040,   525.120, 8 
525.125,  525.130,  525.135,  525.205,  527.020,  529.020,  529.040(2), 9 
529.070,   529.080,   529.090,   530.010,   530.060,   531.020,   531.030, 10 
531.040,   531.050,